Forensic report goes to root of case, challan without it is not to be treated as complete challan: Punjab and Haryana High Court

Noting that the report of the Forensic Science Laboratory (FSL) goes to the root of the case and is a material document and as such, the Punjab and Haryana High Court on Wednesday held that the filing of challan without the same is not to be treated as complete challan.

With this view, a single judge bench of Justice Karamjit Singh set aside an order rejecting default bail to one Rohtash who was accused in a criminal case under Sections 22-C/27A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

Advocate Aditya Sanghi, appearing for Rohtash, stated that the challan presented against his client by the police was without the FSL report and therefore, was to be considered as incomplete challan.

Sanghi had further told the court that no application was moved by the public prosecutor or additional public prosecutor, as per the provisions of Section 36A(4) NDPS Act seeking extension of time to complete the investigation in the present case. 

The counsel further contended that for seeking extension of time, the public prosecutor after an independent application of mind to the request of the investigating agency, was required to make a report to the Court indicating therein the progress of investigation, but in the present case no such report was submitted and the trial court's decision to allow said application was not justified.

Counsel for the petitioner had also relied on the case of Jagvinder Singh Vs. State of Haryana, wherein it was held that the report of FSL with regard to nature of recovered substance would go to the root of the matter and a challan filed without the FSL report with regard to the same would be an incomplete challan and would not satisfy the requirement envisaged under Section 167(2) CrPC and the accused in such circumstances would be entitled to be released on default bail.

Thus, the High Court, while relying on the case of Joginder Singh Vs. State of Haryana decided on February 11, 2022 by its coordinate bench and the Apex Court in Mohammad Arbaz and others Vs. State of NCT and Delhi wherein relief was granted to the accused under the similar circumstances, went on to allow the plea for default bail.

Case Title: Rohtash @ Raju vs. State of Haryana